Allentown, PA asked in Employment Law for Pennsylvania

Q: I'm in PA where wire tapping laws are 2 party consent. Can an employer use software/technology to record me?

Let's say they use a software program that has a dictate function. Is that legal?

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1 Lawyer Answer
Andrew Lacy Jr.
Andrew Lacy Jr.
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: This is not legal advice, just general information. But you are right, that PA is a two-party consent state making any unconsented recording illegal. This question, however, is whether you consented. In many employment contracts/handbooks, there is fine language giving an employer your consent to monitor you while at work. This could potentially include recording you.

So, this would depend on the language in your employment agreement.

But there are privacy laws that create a cause of action for invasive practices. You could have a civil suit after the fact for invasion of privacy. In the employment context, courts look to the reasonableness of the employer's actions. Recording you in the bathroom is definitely an invasion. Going through your desk drawer pursuant to an investigation likely is not.

Unfortunately, you need to talk to a lawyer to get specific advice on your situation.

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